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Home > State Laws
 
State Laws

Cell Phone and Texting Laws

October 2010

This chart outlines all state cell phone and text messaging laws. Some local jurisdictions may have additional regulations. Enforcement type is shown in parenthesis.

  • Handheld Cell Phones: 8 states (Calif., Conn., Del., Md., N.J., N.Y., Ore. and Wash.), D.C. and the Virgin Islands prohibit all drivers from using handheld cell phones while driving.
    • Except for Maryland, all laws are primary enforcement—an officer may cite a driver for using a handheld cell phone without any other traffic offense taking place.
  • All Cell Phone Use: No state bans all cell phone use (handheld and hands-free) for all drivers, but many prohibit all cell phone use by certain drivers:
    • Novice Drivers: 28 states and D.C. ban all cell phone use by novice drivers.
    • School Bus Drivers: Bus drivers in 18 states and D.C. may not use a cell phone when passengers are present.
  • Text Messaging: 30 states, D.C. and Guam ban text messaging for all drivers. 11 of these laws were enacted in 2010. 26 states, D.C., and Guam have primary enforcement. In the other four, texting bans are secondary.
    • Novice Drivers: An additional 8 states prohibit text messaging by novice drivers.
    • School Bus Drivers: 2 states restrict school bus drivers from texting while driving.
  • Some states such as Maine, N.H. and Utah treat cell phone use and texting as part of a larger distracted driving issue. In Utah, cellphone use is an offense only if a driver is also committing some other moving violation (other than speeding).

Crash Data Collection: Many states include a category for cell phone/electronic equipment distraction on police accident report forms. Recently proposed federal legislation would require states to collect this data in order to qualify for certain federal funding.

Preemption Laws: Many localities have passed their own distracted driving bans. However, some states – such as Fla., Ky., La., Miss., Nev., and Okla. – prohibit localities from enacting such laws.

State

Handheld Ban

All Cell Phone Ban

Text Messaging Ban

Crash
Data

School Bus Drivers

Novice Drivers

All
Drivers

School Bus Drivers

Novice Drivers

Alabama

 

 

16, and 17 wtih intermediate license <6 months
(Primary)

 

 

16, and 17 wtih intermediate license <6 months
(Primary)

 

Alaska

 

 

 

Yes
(Primary)

Covered under all driver ban

Yes

Arizona

 

Yes
(Primary)

 

 

 

 

 

Arkansas

18 - 20 years old (Primary)

Yes
(Primary)

<18
(Secondary)

Yes
(Primary)

Covered under all driver ban

Yes

California

Yes
(Primary)

Yes
(Primary)

<18
(Secondary)

Yes
(Primary)

Covered under all driver ban

Yes

Colorado

 

 

<18
(Primary)

Yes
(Primary)

Covered under all driver ban

Yes

Connecticut

Yes
(Primary)

Yes
(Primary)

Learners Permit and <18
(Primary)

Yes
(Primary)

Covered under all driver ban

 

Delaware

Yes
(Primary)
(eff. 1/2/11)

Yes
(Primary)

Learner's permit and intermediate license holders
(Primary)

Yes
(Primary)
(eff. 1/2/11)

Covered under all driver ban

Yes

D.C.

Yes
(Primary)

Yes
(Primary)

Learners Permit
(Primary)

Yes
(Primary)

Covered under all driver ban

Yes

Florida

 

 

 

 

 

 

 

Georgia

 

Yes
(Primary)

<18
(Primary)

Yes
(Primary)

Covered under all driver ban

Yes

Guam

 

 

 

Yes
(Primary)

Covered under all driver ban

 

Hawaii 1

See footnote

 

 

 

 

 

 

Idaho 2

 

 

 

 

 

 

See footnote

Illinois 3

See footnote

Yes
(Primary)

<19
(Primary)

Yes
(Primary)

Covered under all driver ban

Yes

Indiana

 

 

<18
(Primary)

 

 

<18
(Primary)

Yes

Iowa

 

 

Restricted or Intermediate Licenses
(Primary)

Yes
(Secondary)

Covered under all driver ban

Yes

Kansas

 

 

Learner or Intermediate License
(Primary)

Yes
(Primary)

Covered under all driver ban

Yes

Kentucky

 

Yes
(Primary)

<18
(Primary)

Yes
(Primary)

Covered under all driver ban

 

Louisiana

Learner or Intermediate License
(regardless of age)

Yes
(Primary)

1st year of licensure
(Primary for <18)

Yes
(Primary)

Covered under all driver ban

Yes

Maine 4

 

 

<18
(Primary)

 

 

<18
(Primary)

Yes

Maryland

Yes
(Secondary)

 

<18 w/ Learner or Provisional License
(Secondary)

Yes
(Primary)

Covered under all driver ban

Yes

Massachusetts

 

Yes
(Primary)

<18
(Primary)

Yes
(Primary)

Covered under all driver ban

Yes

Michigan 5

 

 

See footnote

Yes
(Primary)

Covered under all driver ban

Yes

Minnesota

 

Yes
(Primary)

<18 w/ Learner or Provisional License
(Primary)

Yes
(Primary)

Covered under all driver ban

Yes

Mississippi

 

 

 

 

 

Learner or Provisional License
(Primary)

 

Missouri

 

 

 

 

 

<21
(Primary)

 

Montana

 

 

 

 

 

 

Yes

Nebraska

 

 

<18 w/ Learners or Provisional License
(Secondary)

Yes
(Secondary)

Covered under all driver ban

Yes

Nevada

 

 

 

 

 

 

Yes

New Hampshire 6

 

 

 

Yes
(Primary)

Covered under all driver ban

 

New Jersey

Yes
(Primary)

Yes
(Primary)

<21 w/ GDL or Provisional License
(Primary)

Yes
(Primary)

Covered under all driver ban

Yes

New Mexico

In State vehicles

 

 

 

 

 

Yes

New York

Yes
(Primary)

 

 

Yes
(Secondary)

Covered under all driver ban

Yes

North Carolina

 

Yes
(Primary)

<18
(Primary)

Yes
(Primary)

Covered under all driver ban

 

North Dakota

 

 

 

 

 

 

Yes

Ohio

 

 

 

 

 

 

 

Oklahoma

Learners Permit or Intermediate License
(Primary)
(eff. 11/10)

Yes
(Primary)
(eff. 11/10)

 

 

Yes
(Primary)
(eff. 11/10)

Learners Permit or Intermediate License
(Primary)
(eff. 11/10)

Yes

Oregon

Yes
(Primary)

 

<18
(Primary)

Yes
(Primary)

Covered under all driver ban

Yes

Pennsylvania

 

 

 

 

 

 

Yes

Rhode Island

 

Yes
(Primary)

<18
(Primary)

Yes
(Primary)

Covered under all driver ban

Yes

South Carolina 7

 

 

 

 

 

 

See footnote

South Dakota

 

 

 

 

 

 

Yes

Tennessee

 

Yes
(Primary)

Learners Permit or Intermediate License
(Primary)

Yes
(Primary)

Covered under all driver ban

Yes

Texas 8

 

Yes, w/ passenger <17
(Primary)

Intermediate Stage, 1st 12 mos.
(Primary)

 

Yes, w/ passenger <17
(Primary)

Intermediate Stage, 1st 12 mos.
(Primary)

Yes

Utah 9

See footnote

 

 

Yes
(Primary)

Covered under all driver ban

Yes

Vermont

 

 

<18
(Primary)

Yes
(Primary)

Covered under all driver ban

 

Virgin Islands

Yes

 

 

 

 

 

Yes

Virginia

 

Yes
(Primary)

<18
(Secondary)

Yes
(Secondary)

Covered under all driver ban
(Primary)

Covered under all driver ban

Yes

Washington

Yes
(Primary)

 

Learner or Intermediate Stage
(Primary)

Yes
(Primary)

Covered under all driver ban

Yes

West Virginia

 

 

Learner or Intermediate Stage
(Primary)

 

 

Learner or Intermediate Stage
(Primary)

 

Wisconsin

 

 

 

Yes
(Primary)
(eff. 12/10)

Covered under all driver ban

 

Wyoming

 

 

 

Yes
(Primary)

Covered under all driver ban

Yes

Total

8 + D.C., Virgin Islands
Primary (7)
Secondary (1)

18 + D.C.
All Primary

28 + D.C.
Primary (23 + D.C.)
Secondary (5)

30 + D.C., Guam
Primary (26 + D.C., Guam)
Secondary (4)

2
Both Primary

8
All Primary

34 + D.C., Virgin Islands

1 Hawaii does not have a state law banning the use of handheld cell phones. However, all of the state's counties have enacted distracted driving ordinances.
2 Idaho has a "Distraction in/on Vehicle (List)" attribute as part of its Contributing Circumstances element, and officers are supposed to list the distractions in the narrative.
3 Illinois bans the use of cell phones while driving in a school zone or in a highway construction zone.
4 Maine has passed a law making it against the law to drive while distracted in the state.
5 In Michigan, teens with probationary licenses whose cell phone usage contributes to a traffic crash or ticket may not use a cell phone while driving.
6 Dealt with as a distracted driving issue; New Hampshire enacted a comprehensive distracted driving law.
7 South Carolina has a Distracted/inattention attribute under Contributing Factors.
8 Texas has banned the use of hand-held phones and texting in school zones.
9 Utah's law defines careless driving as committing a moving violation (other than speeding) while distracted by use of a handheld cellphone or other activities not related to driving.

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices
Hands free devices are required in some states. Learn more...




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